By: Huffman S.B. No. 1225
(In the Senate - Filed March 9, 2021; March 18, 2021, read
first time and referred to Committee on Business & Commerce;
April 23, 2021, reported favorably by the following vote: Yeas 9,
Nays 0; April 23, 2021, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a governmental body impacted by a
catastrophe to temporarily suspend the requirements of the public
information law.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 552.233, Government Code, as added by
Chapter 462 (S.B. 494), Acts of the 86th Legislature, Regular
Session, 2019, is amended to read as follows:
(a) In this section:
(1) "Catastrophe" means a condition or occurrence that
directly interferes with the ability of a governmental body to
comply with the requirements of this chapter, including:
(A) fire, flood, earthquake, hurricane, tornado,
or wind, rain, or snow storm;
(B) power failure, transportation failure, or
interruption of communication facilities;
(C) epidemic; or
(D) riot, civil disturbance, enemy attack, or
other actual or threatened act of lawlessness or violence.
(2) "Catastrophe" does not mean a period when staff is
required to work remotely and can access information responsive to
an application for information electronically, but the physical
office of the governmental body is closed.
(3) "Suspension period" means the period of time
during which a governmental body may suspend the applicability of
the requirements of this chapter to the governmental body under
this section.
(b) The requirements of this chapter do not apply to a
governmental body during the suspension period determined by the
governmental body under Subsections (d) and (e) if the governmental
body:
(1) is currently significantly impacted by a
catastrophe such that the catastrophe directly causes the inability
of a governmental body to comply with the requirements of this
chapter; and
(2) complies with the requirements of this section.
(d) A governmental body may suspend the applicability of the
requirements of this chapter to the governmental body for an
initial suspension period. The governmental body may suspend the
applicability of the requirements of this chapter under this
subsection only once for each catastrophe. The initial suspension
period may not exceed seven consecutive days and must occur during
the period that:
(1) begins not earlier than the second day before the
date the governmental body submits notice to the office of the
attorney general under Subsection (c); and
(2) ends not later than the seventh day after the date
the governmental body submits that notice.
(e) A governmental body may extend an initial suspension
period if the governing body determines that the governing body is
still impacted by the catastrophe on which the initial suspension
period was based. The initial suspension period may be extended one
time for not more than seven consecutive days that begin on the day
following the day the initial suspension period ends. The
governing body must submit notice of the extension to the office of
the attorney general on the form prescribed by the office under
Subsection (l)[(j)].
(f) A governmental body that initiates a suspension period
under Subsection (d) may not initiate another suspension period
related to the same catastrophe, except for a single extension
period as prescribed in Subsection (e).
(g) The combined suspension period for a governmental body
filing under Subsections (d) and (e) may not exceed a total of 14
consecutive calendar days with respect to any single catastrophe.
(h) A governmental body that suspends the applicability of
the requirements of this chapter to the governmental body under
this section must provide notice to the public of the suspension in
a place readily accessible to the public and in each other location
the governmental body is required to post a notice under Subchapter
C, Chapter 551. The governmental body must maintain the notice of
the suspension during the suspension period.
(i)[(g)] Notwithstanding another provision of this chapter,
a request for public information received by a governmental body
during a suspension period determined by the governmental body is
considered to have been received by the governmental body on the
first business day after the date the suspension period ends.
(j)[(h)] The requirements of this chapter related to a
request for public information received by a governmental body
before the date an initial suspension period determined by the
governmental body begins are tolled until the first business day
after the date the suspension period ends.
(k)[(i)] The office of the attorney general shall
continuously post on the Internet website of the office each notice
submitted to the office under this section from the date the office
receives the notice until the first anniversary of that date.
(l)[(j)] The office of the attorney general shall prescribe
the form of the notice that a governmental body must submit to the
office under Subsections (c) and (e). The notice must require the
governmental body to:
(1) identify and describe the catastrophe that the
governmental body is currently impacted by;
(2) state the date the initial suspension period
determined by the governmental body under Subsection (d) begins and
the date that period ends;
(3) if the governmental body has determined to extend
the initial suspension period under Subsection (e):
(A) state that the governmental body continues to
be impacted by the catastrophe identified in Subdivision (1); and
(B) state the date the extension to the initial
suspension period begins and the date the period ends; and
(4) provide any other information the office of the
attorney general determines necessary.
(m) Upon conclusion of any suspension period initiated
pursuant to Subsections (d) or (e), the governmental body shall
immediately resume compliance with all requirements of this
chapter.
SECTION 2. Section 552.2211 is added to read as follows:
Sec. 552.2211. PRODUCTION OF PUBLIC INFORMATION WHEN
ADMINISTRATIVE OFFICES CLOSED. (a) Except as provided by Section
552.233, if a governmental body closes its physical offices, but
requires staff to work, including remotely, then the governmental
body shall make a good faith effort to continue responding to
applications for public information, to the extent staff have
access to public information responsive to an application, pursuant
to this chapter while its administrative offices are closed.
(b) Failure to respond to requests in accordance with
Subsection (a) may constitute a refusal to request an attorney
general's decision as provided by Subchapter G or a refusal to
supply public information or information that the attorney general
has determined is public information that is not excepted from
disclosure under Subchapter C as described by Subsection
552.321(a).
SECTION 3. This Act takes effect September 1, 2021.
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